Q1-My wife is set to deliver our first child in March. I wish to bring a nanny from my hometown in India temporarily to the UAE. Ideally, I would want the nanny to stay with us for three months. But I have been advised that it’s illegal for visit visa holders to work in the UAE. What is the legal process to do this?
An expatriate holding a residence visa in the UAE may obtain visa for domestic worker provided that such an individual has a salary not less than Dh6,000 per month or a monthly salary of Dh5,000 with accommodation.
If you qualify for the aforesaid criteria, you may apply for the residence visa of the prospective domestic worker. As a sponsor, if you are employed with a federal entity, you will have to file your salary certificate in Arabic and in case of private employment, a labour contract. Additionally, you will need to file the following documents with the General Directorate of Residency and Foreign Affairs Dubai (GDRFA) viz:
1-Tenancy contract with a minimum of two bedroom accommodation;
2-The application form typed through an authorised typing office;
3-Copies of passports of the sponsor and of the maid;
4- Three passport copies of the maid; and
5-An affidavit from embassy or consulate of non-relationship, if the maid is from the same country.
If all documents are in order, an employment entry permit shall be issued by the GDRFA. Post receipt of the employment entry permit, you will need to pay the refundable deposit of Dh2,000 with the visa application and send the visa to your maid.
Upon entry of the domestic worker in the UAE, she will need to undergo medical fitness test and Emirates ID biometrics within 30 days of her arrival. Thereafter, submit the residence visa application along with Medical Fitness Report and Emirates ID stamped application to any GDRFA.
Additionally, you may submit the residency visa application and attach stamped employment entry permit, the domestic worker’s original passport and photo, sponsor’s original passport and a salary certificate/labour contract. Please note that for domestic workers of Indian nationality, the minimum monthly salary is Dh1,200.
You will receive three printouts of the unified contract which has to be signed by both the sponsor and the maid. A residence stamp valid for one year will then be affixed in your maid’s passport. Further, a ‘Domestic Worker Identity Card’ will be issued by the department.
It is to be noted that the terms and conditions of the aforesaid employment shall be governed by the Federal Law No. 10 of 2017 on Support Service Workers which establishes the principle of informed consent, ensuring that workers are aware of the terms of the contract, nature of work, the workplace, the remuneration and the period of daily and weekly rest as set out by the executive regulations and before they cross their national border.
We cite as below, Article 15 of the Domestic Law relating to employer’s obligation in respect of such employment for your reference.
“The employer shall abide by the obligations specified in the employment contract and its annexes, in addition to the following:
1-Ensure all necessary requirements for the performance by the worker of the agreed upon work.
2-Provide the worker with decent accommodation
3-Provide the worker’s requirements of daily meals and the necessary work attire, as long as the worker is in the full time employment of the employer and not assigned to temporary employment by a third party, unless it is otherwise agreed to by both parties.
4-Pay the worker’s medical treatment costs in accordance with the healthcare system applicable in UAE.
5-Treat the worker decently, preserving his/her dignity and physical health.
6-Desist from requiring the worker to work for a third party except in accordance with the conditions and situations set out in the implementing bylaws. Employ only workers who possess permits to perform work that are governed by the provisions of this law and its implementing bylaws.
7-Pay the due compensation if and when the worker sustains work-related injuries or contracts occupational diseases in accordance with the compensation table attached to the applicable law governing the regulation of labour relations, unless such compensation is settled by insurance provider.
8-Desist from requiring the worker to perform the tasks of an occupation other than his/hers, except with the full consent of the worker and subject to the other occupation being covered by the provisions of this law.
9-Ensure the worker’s right to maintain possession of his/her personal identification documents.
10-Pay the heirs of a worker who passed away while in service the full wage of the month during which the worker was deceased, in addition to any other outstanding dues.
11-Desist from receiving, directly or through a third party, any amounts or consideration from the worker, unless stipulated by this law or its implementing bylaws or the unified standard contract mandated by the Ministry.
12-Notify the Ministry of any violation by the worker of any applicable regulations. The employer shall abide by the Ministry’s instructions in these cases”.
You may contact the GDRFA for further information.
Know the law
An expatriate with a residence visa in the UAE may obtain visa for domestic worker provided that such an individual has a salary not less than Dh6,000 per month or a monthly salary of Dh5,000 with accommodation
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai
Content retrieved from: https://www.khaleejtimes.com/legalview/Want-to-bring-a-nanny-to-UAE-Heres-how.